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S1586 - Details

S1586 - Summary

Relates to the definition of qualified agencies.

S1586 - Sponsor Memo

BILL NUMBER:S1586
TITLE OF BILL:
An act
to amend the executive law, in relation to the definition of qualified
agencies
PURPOSE OR GENERAL IDEA OF BILL: To authorize public
defenders, legal
aid societies, and administrators of assigned counsel plans to have
access to the Division of Criminal Justice Services' criminal history
records of clients represented by or who receive representation
through those entities.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends
subdivision 9 of
Executive Law section 835 to add public defenders, legal aid
societies, and assigned counsel administrators to the list of
qualified agencies. Qualified agencies may enter into agreements with
the Division of Criminal Justice Services for access to its criminal
history database as authorized by subdivision 6 of Executive Law
section 837.
JUSTIFICATION: Agencies that are defined as
"qualified agencies" under
Executive Law § 835(9) have access to the criminal history records

maintained by the Division of Criminal Justice Services. See
Executive Law § 837(6); 9 NYCRR Part 6051. The proposed bill would
add public defenders, legal aid societies, and administrators of
assigned counsel programs to the list of qualified agencies. Public
defense providers would then be able to enter into use and
dissemination agreements with the Division of Criminal Justice
Services that would govern their access to criminal history
information of clients represented by ox who receive representation
through those entities.
In order to provide effective representation, public defense attorneys
need to have ready access to criminal history reports of clients.
Currently, public defense providers rely on district attorneys,
judges, and other members of the criminal justice community for
access to criminal history reports; often, disclosure of these
reports is not timely. Providing public defense counsel direct access
to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of
the entire criminal justice system in New York State.
PRIOR LEGISLATIVE HISTORY: S. 7005A of 2012 referred
to Finance
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
1586
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GRISANTI, HASSELL-THOMPSON, MARTINS -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance
AN ACT to amend the executive law, in relation to the definition of
qualified agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
rately amended by chapters 14 and 155 of the laws of 2012, is amended to
read as follows:
9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
corrections and community supervision, the department of correction of
any municipality, the financial frauds and consumer protection unit of
the state department of financial services, the office of professional
medical conduct of the state department of health for the purposes of
section two hundred thirty of the public health law, the child protec-
tive services unit of a local social services district when conducting
an investigation pursuant to subdivision six of section four hundred
twenty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, police forces
and departments having responsibility for enforcement of the general
criminal laws of the state, the Onondaga County Center for Forensic
Sciences Laboratory when acting within the scope of its law enforcement
duties and the division of forensic services of the Nassau county
medical examiner's office when acting within the scope of its law
enforcement duties AND PUBLIC DEFENDERS, LEGAL AID SOCIETIES, AND
ASSIGNED COUNSEL ADMINISTRATORS WHEN RETRIEVING CRIMINAL HISTORY INFOR-
MATION OF CLIENTS REPRESENTED BY OR WHO RECEIVE REPRESENTATION THROUGH
THOSE ENTITIES.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04673-02-3

S1586A (ACTIVE) - Details

S1586A (ACTIVE) - Summary

Relates to the definition of qualified agencies.

S1586A (ACTIVE) - Sponsor Memo

BILL NUMBER:S1586A
TITLE OF BILL: An act to amend the executive law, in relation to the
definition of qualified agencies
PURPOSE OR GENERAL IDEA OF BILL: To authorize public defenders, legal
aid societies, and administrators of assigned counsel plans to have
access to the Division of Criminal Justice Services' New York State
criminal history records of clients represented by or who receive
representation through those entities.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 9 of
Executive Law section 835 to add public defenders, legal aid
societies, and assigned counsel administrators to the list of
qualified agencies. Qualified agencies may enter into agreements with
the Division of Criminal Justice Services for access to its New York
State criminal history database as authorized by subdivision 6 of
Executive Law section 837.
JUSTIFICATION: Agencies that are defined as "qualified agencies" under
Executive Law 5 835(9) have access to the criminal history records
maintained by the Division of Criminal Justice Services. See Executive
Law § 837(6); 9 NYCRR Part 6051. The proposed bill would add public
defenders, legal aid societies, and administrators of assigned counsel
programs to the list of qualified agencies. Public defense providers
would then be able to enter into use and dissemination agreements with

the Division of Criminal Justice Services that would govern their
access to New York State criminal history information of clients
represented by or who receive representation through those entities.
In order to provide effective representation, public defense attorneys
need to have ready access to criminal history reports of clients.
Currently, public defense providers rely on district attorneys,
judges, and other members of the criminal justice community for access
to criminal history reports; often, disclosure of these reports is not
timely. Providing public defense counsel direct access to criminal
history reports will help them provide effective representation to
their clients and will improve the efficiency of the entire criminal
justice system in New York State.
PRIOR LEGISLATIVE HISTORY: S. 7005A of 2012 referred to Finance
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
1586--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. GRISANTI, HASSELL-THOMPSON, KRUEGER, MARTINS, SAVINO
-- read twice and ordered printed, and when printed to be committed to
the Committee on Finance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the definition of
qualified agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 835 of the executive law, as sepa-
rately amended by chapters 14 and 155 of the laws of 2012, is amended to
read as follows:
9. "Qualified agencies" means courts in the unified court system, the
administrative board of the judicial conference, probation departments,
sheriffs' offices, district attorneys' offices, the state department of
corrections and community supervision, the department of correction of
any municipality, the financial frauds and consumer protection unit of
the state department of financial services, the office of professional
medical conduct of the state department of health for the purposes of
section two hundred thirty of the public health law, the child protec-
tive services unit of a local social services district when conducting
an investigation pursuant to subdivision six of section four hundred
twenty-four of the social services law, the office of Medicaid inspector
general, the temporary state commission of investigation, police forces
and departments having responsibility for enforcement of the general
criminal laws of the state, the Onondaga County Center for Forensic
Sciences Laboratory when acting within the scope of its law enforcement
duties and the division of forensic services of the Nassau county
medical examiner's office when acting within the scope of its law
enforcement duties AND PUBLIC DEFENDERS, LEGAL AID SOCIETIES, AND
ASSIGNED COUNSEL ADMINISTRATORS WHEN RETRIEVING NEW YORK STATE CRIMINAL
HISTORY INFORMATION OF CLIENTS REPRESENTED BY OR WHO RECEIVE REPRESEN-
TATION THROUGH THOSE ENTITIES.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04673-04-3

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